Terms & Conditions
Updated: October 26, 2026
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY:
Welcome to Caraway Home. These Terms and Conditions describe the terms and conditions applicable to your access and use of the website at carawayhome.com (the "Site"). This document is a legally binding agreement between you as the user(s) of the Site (referred to as "you", "your", "Customer", or "User" hereinafter) and the Caraway Home, Inc. entity (referred to as "we", "our", "Caraway" hereinafter).
ARBITRATION AND CLASS ACTION WAIVER NOTICE: YOU UNDERSTAND THAT THESE TERMS CONTAIN A PRE-DISPUTE ARBITRATION CLAUSE. YOU AGREE THAT DISPUTES BETWEEN YOU AND CARAWAY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
1. Application and Acceptance of the Terms
1.1 Your use of the Site and Caraway's services and products (collectively the "Services" hereinafter) is subject to the terms and conditions contained in this document and any other rules and policies of the Site that Caraway may publish from time to time. This document and such other rules and policies of the Site are collectively referred to below as the "Terms". When Caraway presents a button, checkbox, or other mechanism stating that clicking, checking, placing an order, creating an account, or taking another specified action constitutes acceptance of these Terms, you agree to these Terms by taking that action. Where no such mechanism is presented, your continued use of the Site or Services after being provided reasonably conspicuous notice of these Terms constitutes acceptance to the extent enforceable under applicable law. If you do not agree to these Terms, do not use the Site or Services or place an order.
1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age (at least 18 years old) to form a binding contract with Caraway, or (b) you are not permitted to receive any Services under the laws of local countries / regions including the country / region in which you are resident or from which you use the Services.
1.3 Caraway may update these Terms from time to time by posting revised Terms on the Site and updating the effective date. Revised Terms apply prospectively from their effective date. Caraway will provide reasonable notice of material changes as required by applicable law and may require renewed affirmative assent to material changes, including material changes to the dispute-resolution provisions. Your continued use of the Site or Services after the effective date of revised Terms constitutes acceptance of those revised Terms only to the extent permitted by applicable law..
1.4 If Caraway has posted or provided a translation of the English language version of these Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
1.5 You may be required to enter into a separate agreement, whether online or offline, with Caraway or our affiliates or subsidiaries for any Service ("Additional Agreements"). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
2. Provision of Services
2.1 You must register on the Site in order to access and use some Services. Further, Caraway reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to Users or subject to other conditions that Caraway may impose in our discretion.
2.2 Some Services may be provided by Caraway's affiliates or subsidiaries on behalf of Caraway.
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Caraway may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 Caraway may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
3. Users Generally
3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
3.2 You agree to use the Site and Services solely for lawful, personal purposes. Except as expressly authorized by Caraway in writing, you may not: (a) copy, reproduce, download, republish, sell, distribute, resell, or commercially exploit any Site Content; (b) systematically retrieve, scrape, crawl, harvest, mine, index, or extract Site Content or data through robots, spiders, scripts, automated devices, or manual processes; (c) create or compile a collection, database, directory, or derivative dataset from Site Content; (d) circumvent technical measures intended to prevent or limit access; or (e) use Site Content or data to train, fine-tune, benchmark, validate, develop, or improve any artificial-intelligence, machine-learning, or competing product or service. Ordinary indexing by general-purpose public search engines in accordance with Caraway's technical instructions is not prohibited. All use of Site Content not expressly permitted by these Terms is prohibited.
3.3 For more information regarding how Caraway collects, uses, and discloses your personal information, please review our Privacy Notice.
3.4 Caraway may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' website. You are cautioned to read such website terms and conditions and/or privacy policies of any third party websites before using them. You acknowledge that Caraway has no control over such third parties' web site, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Caraway and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 You may not manipulate Caraway's ratings, reviews, testimonials, or other feedback systems. Without limitation, you may not submit or procure fake or false reviews; review a Product you have not actually used or experienced; conceal a material connection to Caraway, including employment, agency, family, ownership, or compensation; condition an incentive on a review expressing a particular positive or negative sentiment; use multiple accounts or third parties to distort ratings or reviews; or submit reviews on behalf of another person without authorization. Caraway may moderate, reject, remove, or decline to publish reviews or other feedback that Caraway reasonably believes violate these Terms, applicable law, or Caraway's review guidelines, provided Caraway will not suppress reviews solely because they express a negative opinion.
3.7 By posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to Caraway or our representative(s), you grant a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Caraway to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, such as using as product description on the Site, advertising outside the Site and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site or the provision of any Services. You confirm and warrant to Caraway that you have all the rights, power and authority necessary to grant the above license. Notwithstanding the foregoing, with respect to any Review (as defined in Section 3.8): (a) the license granted in this Section 3.7 is non-exclusive and does not transfer to Caraway ownership of any intellectual property rights you may have in the Review; and (b) Caraway will not edit the substance of a Review in a manner that alters its meaning, rating, or sentiment, although Caraway may remove or decline to publish a Review, or a portion of a Review, in accordance with Section 3.8 and may correct formatting. The license granted in this Section includes a non-exclusive right to use any name, username, photograph, image, likeness, or other identifying information that you voluntarily include in User Content, solely in connection with Caraway's permitted use of such User Content, subject to applicable law. Nothing in this Section transfers ownership of any intellectual property rights in a Review to Caraway or restricts your rights under Section 3.8.
3.8 Customer Reviews and Review Moderation.
(a) Your Right to Review. Nothing in these Terms prohibits or restricts you from posting an honest review, rating, photo, video, or other assessment of Caraway’s products, services, or conduct (“Review”), whether positive or negative, on the Site or in any other forum.
(b) Moderation Standards. Caraway may, but is not obligated to, review Reviews submitted to the Site before or after publication. Caraway may remove, reject, or decline to publish a Review submitted to the Site, in whole or in part, where Caraway reasonably determines in good faith that the Review:
(i) contains trade secrets or commercial or financial information that is privileged or confidential;
(ii) contains defamatory, harassing, abusive, threatening, obscene, vulgar, or sexually explicit content;
(iii) contains the personal information or likeness of another individual;
(iv) contains content that is discriminatory with respect to race, gender, sexuality, ethnicity, or another intrinsic characteristic;
(v) contains content that is clearly false or misleading, such as a factual statement that the reviewer has personally used, received, or experienced a product that the reviewer could not have received or used at the time of the Review (including a product then available only for pre-order, where the reviewer claims to have received or used the product despite having had no actual opportunity to do so, taking into account any legitimate advance distribution, sampling, testing, or other pre-release access);
(vi) is reasonably believed by Caraway, based on specific and objective indicators, to be fake, meaning that it does not reflect the genuine views or experience of the individual who purports to have written it, including a Review that is generated or submitted through automated means without reflecting the genuine views or experiences of an identifiable individual who authorized the Review, submitted under a false or impersonated identity, duplicative of another Review by the same individual for the same product, written or created by Caraway, a competitor, or a person acting on behalf of either, or part of a coordinated campaign by persons who do not hold the views expressed;
(vii) is wholly unrelated to the products or services offered by or available on the Site;
(viii) was provided in exchange for compensation or another incentive conditioned, expressly or by implication, on the Review expressing a particular sentiment, whether positive or negative;
(ix) consists of advertising or spam, or contains malicious code; or
(x) violates applicable law or infringes the intellectual property, privacy, or other legal rights of a third party.
Any partial removal or redaction of a Review will be limited to the content giving rise to the applicable moderation concern and will not materially misrepresent the meaning or sentiment of the remaining Review.
(c) Equal Application. Caraway applies Section 3.8(b) equally to all Reviews, regardless of rating or sentiment, and will not remove, decline to publish, edit, or obscure a Review because it is negative. A Review will not be treated as false, misleading, or fake solely because the reviewer has not purchased the product or because it criticizes Caraway’s products, pricing, policies, customer service, shipping, or pre-order process. Any practice based on purchase status will apply equally to positive and negative Reviews.
(d) Display and Labels. Caraway may organize, sort, and display Reviews and may apply labels such as “Verified Purchaser.” Caraway may display Reviews of products that have not yet shipped, including pre-order products, in a separate, clearly labeled section, and may calculate a product’s overall rating using only Reviews from verified purchasers, provided that Caraway applies any such practice consistently to all Reviews regardless of rating or sentiment and discloses it on the Site to the extent necessary to avoid misleading consumers. Caraway will not organize or display Reviews in a manner designed to make negative Reviews difficult to find. Caraway may publish Reviews submitted in connection with compensation, free or discounted products, or other incentives that are not conditioned on the Review expressing a particular sentiment, provided that any material connection between the reviewer and Caraway is clearly and conspicuously disclosed to the extent required by applicable law.
(e) Notice. Caraway may notify a reviewer whose Review is removed or not published. A reviewer who believes this was done in error may contact help@carawayhome.com, and Caraway may reconsider its decision in its discretion.
(f) No Penalties. Caraway will not impose any fee, penalty, or other charge on you for posting a Review. Section 9.7 shall not be applied to award costs or attorneys’ fees against you in any claim, dispute, or action to the extent arising from your posting of, or the content of, a Review. Nothing in this Section 3.8 limits any right or remedy either party may have under applicable law, including with respect to defamation. Notwithstanding Sections 5.4 and 9.7 or any other provision of these Terms, no indemnification obligation, fee-shifting provision, or other contractual remedy shall be imposed against you solely for submitting an honest Review protected by applicable law. Nothing in this Section limits any right or remedy arising from unlawful conduct, including defamation, infringement, or the knowing submission of fraudulent content.
(g) Third-Party Sites. This Section 3.8 governs Reviews submitted to the Site. These Terms do not restrict Reviews that you post on third-party websites or platforms.
4. Transactions
4.1 You agree to provide all information and materials as may be reasonably required by Caraway in connection with orders placed on the Site. Submission of an order constitutes an offer to purchase. Caraway may accept or reject any order and may cancel an order before shipment, including due to inventory shortages, pricing or description errors, or suspected fraud. An order acknowledgement or payment authorization does not itself constitute acceptance. If Caraway cancels an order after collecting payment, Caraway will refund the amount collected for the canceled portion. Caraway has the right to suspend or terminate your account if you fail to provide the required information and materials or provide inaccurate or fraudulent information.
4.2 Each User agrees that Caraway shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any use or storage of any products purchased from Caraway or failure to follow applicable product instructions or warnings, except to the extent otherwise provided in an applicable written warranty or required by law.
4.3 When you make a purchase, you agree that the risk of loss transfers from Caraway to you from the moment our shipping carrier delivers your order to the destination provided in your purchase.
4.4 To the extent we run any promotions or provide any discounts or bundles, you agree to any additional rules and regulations that may apply to such promotions, discounts, or bundles. Discounts and site-wide promotions are applicable to non-returned products only, and adjustments may be made retrospectively on transactions to correctly reflect the promotion earned in the event of order cancellation or returned products.
5. Limitation of Liability
5.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS SET FORTH HEREIN OR IN ANY EXPRESS WRITTEN WARRANTIES ISSUED BY CARAWAY, THE PRODUCTS AND SERVICES PROVIDED BY CARAWAY ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE"; AND "WITH ALL FAULTS", AND CARAWAY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY. EXCEPT AS EXPRESSLY PROVIDED IN AN APPLICABLE WRITTEN LIMITED WARRANTY OR REQUIRED BY LAW, ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED. PRODUCTS ARE SUBJECT TO ANY APPLICABLE EXPRESS WRITTEN WARRANTY ISSUED BY CARAWAY AND ANY RIGHTS OR REMEDIES THAT CANNOT LAWFULLY BE WAIVED OR LIMITED.
5.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARAWAY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENT STATUS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; CARAWAY DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND CARAWAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
5.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to User's computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Caraway or through or from the Site shall create any warranty not expressly stated herein.
5.4 Each User hereby further agrees to indemnify and hold harmless Caraway, our affiliates, directors, officers and employees, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third parties arising out of or relating to such User’s breach of these Terms, misuse of any Product, or User Content. Each User hereby further agrees that Caraway is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Caraway reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Caraway in asserting any available defenses.
5.5 To the maximum extent permitted by law, Caraway shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: (a) the use or the inability to use the Site or Services; (b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site; (c) any third-party content, products, data, information or services accessed through the Site; (d) unauthorized access by third parties to data or private information of any User; (e) statements or conduct of any User of the Site; or; (f) any matters relating to Services however arising, including negligence.
5.6 Notwithstanding any of the foregoing provisions, the aggregate liability of Caraway, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services or purchase or use of Products during any calendar year shall be limited to the greater of (a) the amount of purchase price the User has paid to Caraway or our affiliates during the calendar year; or (b) $1,000. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose.
5.7 The limitations and exclusions of liability to you under these Terms shall apply to the maximum extent permitted by law and shall apply whether or not Caraway has been advised of or should have been aware of the possibility of any such losses arising.
6. Force Majeure
Under no circumstances shall Caraway be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
7. Intellectual Property Rights
7.1 Caraway is the sole owner or lawful licensee of all the rights and interests in the Services, Site and the Site Content. You may request that Caraway discontinue future sharing or promotional use of User Content you have submitted by contacting help@carawayhome.com. Caraway will honor such requests to the extent required by applicable law and otherwise in accordance with its applicable policies. Such requests will not retroactively invalidate uses or sublicenses previously authorized under these Terms, except to the extent required by applicable law. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with Caraway, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Caraway are hereby reserved.
7.2 "CARAWAY HOME", "CARAWAY" and related icons and logos are registered trademarks or trademarks or service marks of Caraway.
7.3 Caraway may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
8. Notices
8.1 All legal notices or demands to or upon Caraway shall be made in writing and sent to Caraway personally or by courier, certified mail or facsimile to the following address: 147 W. 26th Street Floor 4, New York, NY, 10001. The notices shall be effective when they are received by Caraway in any of the above-mentioned manners.
8.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Caraway, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when (a) Caraway is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (b) Immediately upon Caraway posting such notice on an area of the Site that is publicly accessible without charge.
8.3 You agree that all agreements, notices, demands, disclosures and other communications that Caraway sends to you electronically satisfy the legal requirement that such communication should be in writing.
9. General Provisions
9.1 Subject to any additional agreements, the Terms constitute the entire agreement between you and Caraway with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
9.2 Caraway and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
9.3 If any provision of these Terms is held invalid, illegal, or unenforceable, the provision will be modified to the minimum extent necessary to make it valid and enforceable while most closely preserving its intended effect, or, if modification is not permitted, severed. The remaining provisions will remain in full force and effect. The arbitration agreement and class-action waiver in Section 9.9 are also subject to the specific severability provisions stated there..
9.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
9.5 Caraway's failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Caraway's right to act with respect to subsequent or similar breaches.
9.6 Caraway shall have the right to assign these Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates or subsidiaries of Caraway). You may not assign, in whole or part, these Terms to any person or entity.
9.7 In any action to enforce the Terms, the prevailing party will be entitled to reasonable costs and attorneys' fees.
9.8 The Terms shall be governed by the laws of the State of New York without regard to its conflict of law principles.
9.9 DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER).
ARBITRATION NOTICE. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION OR LITIGATION. OTHER RIGHTS THAT YOU OR CARAWAY WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
(a) Binding Individual Arbitration. Except as expressly provided below, any dispute, claim, or controversy between you and Caraway arising out of or relating in any way to these Terms, the Site, Services, Products, any order or transaction, any advertising or marketing by Caraway, or Caraway's relationship with you, including any federal or state statutory claim, common-law claim, or dispute concerning the breach, termination, enforcement, interpretation, or validity of these Terms (each, a "Dispute"), will, to the fullest extent permitted by applicable law, be determined by binding arbitration before one arbitrator.
No party shall be precluded from seeking remedies in small claims court for a Dispute within the scope of that court's jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court shall be determined by the small claims court. Nothing in this Section precludes either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
"Dispute" shall be given the broadest meaning permitted by law and includes, without limitation: (i) any dispute or claim that arose before the effective date of these Terms or any prior version of Caraway's terms, including claims relating to advertising, marketing, or a prior purchase; (ii) any dispute or claim that is currently the subject of purported class-action litigation in which you are not a member of a certified class; and (iii) any dispute or claim that arises after termination of these Terms or the relationship between you and Caraway.
"Dispute" does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual-property rights, or claims of piracy or unauthorized use of intellectual property.
Except for issues expressly reserved to a court under the Mandatory Informal Dispute Resolution Process below, the arbitrator shall have exclusive authority to determine all issues concerning the scope, applicability, validity, and enforceability of this arbitration agreement, including the scope of the arbitrator's own authority and whether any particular dispute or issue has been delegated to the arbitrator for decision.
You and Caraway agree that these Terms evidence transactions involving interstate commerce and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act ("FAA") and applicable federal arbitration law, rather than state arbitration law.
(b) Your Right to Opt Out of Arbitration. You may opt out of this arbitration agreement within thirty (30) days after the date you first agree to these Terms, which will be deemed to occur no later than when you place an order with Caraway after being presented with notice of these Terms. To opt out, you must send Caraway written notice stating that you wish to opt out of the arbitration agreement and including your name, residence address, and the email address or telephone number associated with your order or account. The notice must be sent by email to help@carawayhome.com. If you do not timely opt out, you and Caraway will be bound to resolve Disputes through binding arbitration as provided in this Section.
(c) Mandatory Informal Dispute Resolution Process. Before commencing arbitration, you and Caraway agree to make a good-faith effort to resolve any Dispute informally. The party initiating the Dispute must provide the other party with a written Notice of Dispute that includes: (i) the initiating party's name, address, telephone number, and email address, together with counsel's contact information if represented; (ii) sufficient information to identify the applicable account, order, transaction, Product, or other matter at issue; and (iii) a detailed description of the Dispute, the nature and basis of the claims, and the nature and basis of the relief sought, including a detailed calculation of any monetary relief requested. The Notice of Dispute must be personally signed by the party initiating the Dispute and, if represented, by that party's counsel.
Notices to Caraway must be sent by email to help@carawayhome.com and by mail to 147 W. 26th Street, Floor 4, New York, NY 10001. Caraway will send any Notice of Dispute to you at the most recent contact information Caraway has on file for you.
For sixty (60) days after receipt of a completed Notice of Dispute, which period may be extended by written agreement, you and Caraway, and counsel if represented, agree to negotiate in good faith in an effort to resolve the Dispute. The party receiving the Notice of Dispute may request a telephone or video settlement conference. If requested, you and a Caraway representative will personally participate, together with counsel if represented, at a mutually convenient time.
If the Dispute is not resolved through this process, either party may commence a formal dispute-resolution proceeding. Compliance with and completion of this Mandatory Informal Dispute Resolution Process is a condition precedent to commencing arbitration. All applicable limitations periods will be tolled from the date a completed Notice of Dispute is received through conclusion of this process.
If the sufficiency of a Notice of Dispute or compliance with this process is at issue, either party may request that a court of competent jurisdiction decide that issue, and any arbitration shall be stayed pending its resolution. A court of competent jurisdiction may enforce this condition precedent, including by enjoining the filing or prosecution of an arbitration commenced without compliance with this subsection.
(d) Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and judicial review of an arbitration award is limited under the FAA. Subject to the limitations in these Terms, the arbitrator may award on an individual basis the same damages or other relief that would be available in a court, including injunctive or declaratory relief and statutory damages where authorized by applicable law. The arbitrator must apply these Terms as a court would.
(e) New Era ADR Rules and Procedures. Any arbitration will be administered by New Era ADR in accordance with its then-current Virtual Expedited Arbitration Rules and Procedures, any applicable General Rules and Procedures, Minimum Fairness Standards, and, where applicable, its procedures governing Mass Arbitrations, except to the extent those rules are modified by these Terms. New Era ADR's applicable rules, procedures, standards, and fee schedules are available at www.neweraadr.com.
When you initiate arbitration, you will be responsible only for the consumer filing fee then required under New Era ADR's applicable rules and fee schedule. Caraway will pay the remaining fees or expenses charged by New Era ADR to the extent required by the applicable New Era ADR rules, Minimum Fairness Standards, or applicable law, except where the arbitrator determines that a claim or requested relief is frivolous or brought for an improper purpose. Each party will otherwise be responsible for its own attorneys' fees and expenses except where an award of such fees or expenses is authorized by applicable law or these Terms.
If New Era ADR determines that any provision of this arbitration agreement does not comply with its applicable Minimum Fairness Standards, those Minimum Fairness Standards will be deemed incorporated into this arbitration agreement and the provision at issue will be modified or deemed unenforceable only to the minimum extent necessary to comply with those standards.
The arbitrator will be selected pursuant to New Era ADR's then-current rank-and-strike process or other applicable arbitrator-selection procedures.
Except as otherwise expressly provided in these Terms or required by applicable law, the arbitrator will apply the substantive law identified in Section 9.8 of these Terms, without regard to conflict-of-law principles.
By filing or signing a demand for arbitration, each party, and counsel if represented, certifies compliance with this Section and with the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and requested relief are not frivolous and are not presented for an improper purpose. To the extent permitted by applicable law and the applicable New Era ADR rules, the arbitrator may impose sanctions or other relief for violations of those requirements.
The arbitrator may award any relief or remedy that would be available in a court of competent jurisdiction to the extent authorized by applicable law and consistent with these Terms.
The arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions supporting the award. The award shall be final and binding, subject only to judicial review, confirmation, modification, or vacatur to the extent permitted by the FAA and applicable law. Judgment on an award may be entered in any court having competent jurisdiction.
Except as required by law or reasonably necessary to protect or pursue a legal right, neither a party nor the arbitrator may disclose the existence, content, or result of an arbitration without the prior written consent of both parties.
(f) Mass Arbitrations. New Era ADR's then-current rules and procedures governing mass arbitrations will apply where their requirements are satisfied. Those procedures may include the designation of certain matters as bellwether cases, coordinated administration, settlement procedures, lead decisions, and other procedures established by New Era ADR for the efficient resolution of multiple similar individual claims.
The parties agree to comply with those procedures, including any obligation of counsel to meet and confer in good faith regarding the efficient administration and potential resolution of the Disputes. The appropriate New Era ADR neutral shall have authority under the applicable New Era ADR rules to determine whether demands satisfy the requirements for treatment as a Mass Arbitration.
NOTWITHSTANDING THE ADMINISTRATION OF INDIVIDUAL DEMANDS UNDER NEW ERA ADR'S MASS-ARBITRATION PROCEDURES, ALL CLAIMS AND DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. THE APPLICATION OF NEW ERA ADR'S MASS-ARBITRATION PROCEDURES DOES NOT AUTHORIZE CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION OR RELIEF. EACH INDIVIDUAL CLAIM MUST ULTIMATELY BE DECIDED BASED ON THE FACTS AND ARGUMENTS APPLICABLE TO THAT CLAIM, SUBJECT TO THE PROCEDURES PERMITTED BY THE THEN-CURRENT NEW ERA ADR RULES.
(g) No Class Actions; Jury-Trial Waiver. YOU AND CARAWAY UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY CLASS, COLLECTIVE, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION OR ARBITRATION. EXCEPT FOR THE ADMINISTRATIVE AND PROCEDURAL TREATMENT OF INDIVIDUAL DEMANDS EXPRESSLY PERMITTED UNDER THE APPLICABLE NEW ERA ADR MASS-ARBITRATION PROCEDURES, THIS AGREEMENT DOES NOT PERMIT CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION OR RELIEF.
If applicable law precludes enforcement of a limitation in this subsection as to a particular claim or request for relief, only that claim or request for relief will be severed and may proceed in a court of competent jurisdiction to the extent required by law. All remaining claims will remain subject to arbitration.
(h) Intellectual-Property and Provisional Relief. Notwithstanding the foregoing, Caraway may seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction to prevent or address actual or threatened infringement, misappropriation, or unauthorized use of Caraway's intellectual-property or proprietary rights. Seeking such relief will not waive Caraway's right to arbitration with respect to any other Dispute.
(i) Invalidity; Severability; Survival. If any provision of this Section is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable or, if modification is not permitted, severed, and the remainder of this Section will remain in effect, except where applicable law requires a different result. If for any reason a Dispute proceeds in court rather than arbitration, the parties waive any right to a jury trial to the fullest extent permitted by law. This Section survives termination of these Terms and completion, cancellation, or return of any order.
(j) Future Changes to Arbitration Agreement. If Caraway makes a future material change to this arbitration agreement, other than a change to Caraway's contact information or a change required by applicable law or the applicable arbitration provider's rules, you may reject the change by sending Caraway a personally signed written notice within thirty (30) days after notice of the change. The notice must include your name, address, telephone number, email address, and a statement that you reject the change to the arbitration agreement. A rejection of a future change does not constitute an opt-out from arbitration. If you timely reject the change, any Dispute between you and Caraway will be governed by the version of this arbitration agreement in effect immediately before the rejected change.
10. Miscellaneous
10.1 In addition, you agree to our Messaging Terms.
11. UK Shipments and VAT
The provisions of this Section 11 apply only to a Qualifying Customer Order and to Passport's role in connection with that order. If this Section 11 conflicts with another provision of these Terms, this Section 11 controls solely with respect to Passport's role and the applicable Qualifying Customer Order; otherwise, the remaining provisions of these Terms continue to apply.
11.1 You are shopping on a merchant's website (the "Merchant").
11.2 If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc ("Passport"), and then by Passport to you under these Terms. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order.
11.3 Your Qualifying Customer Order is subject to: (a) these Terms; and (b) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant's website, you understand and agree that:
(i) You are dealing with and providing your information to Passport. Passport may contact you about your order;
(ii) If there is an error in the price listed for a Product on the Merchant's website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order;
(iii) The Merchant remains responsible for handling payment for your order;
(iv) Once your payment is processed, ownership in the items will shift from Passport, to you;
(v) Certain addresses will be ineligible for shipment, such as PO box addresses;
(vi) Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion;
(vii) If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase;
(viii) You authorise Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (A) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (B) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (C) to redirect an order to your customs broker or other address upon request by any person whom Passport's nominated agents and contractors believe in its reasonable opinion to be authorised.
11.4 Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.
11.5 Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant's terms and conditions.
11.6 Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.
11.7 Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and "ship to" and "bill to" address verification. Once an order is placed, you may not change any authenticated payment information or any verified "ship to"/"bill to" address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.
11.8 Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant's policy, including to reimburse you for the original sales prices of Products returned to the Merchant's nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant. Where a return by the Customer is authorised by Passport or the Merchant, Passport shall also have the right to return the item to Merchant and accordingly the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport's direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorised by Passport or the Merchant, the Merchant shall, at Passport's direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorised to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorise Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.
11.9 General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant's website:
11.9.1 Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant's website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.
11.9.2 Privacy. To complete your Qualifying Customer Order you will be providing personal information to the Merchant and Passport and you consent to your personal information being collected, used, processed, disclosed and/or stored by the Merchant and Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with the Merchant's and Passport's Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant's privacy policy. The Merchant and Passport may analyze transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant's Customer experience and/or the services provided by Passport. Any transactional data analyzed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.
11.9.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant's website, you are communicating with Passport electronically, and you consent to entering into the Terms by electronic means, and to receive communications from Passport electronically/via email.
11.9.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and the Terms at any time. Passport will ensure that the current version of the Terms is presented every time you make a Qualifying Customer Order on the Merchant's website. You are responsible for reviewing the Terms each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms.
11.9.5 Severability. If any or any portion of the Terms is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.
11.9.6 Proceedings. Any action or proceeding arising out of or relating to the Terms must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.
11.9.7 Language. The parties have agreed and expressly requested that the Terms and all documents related to them be drawn up in English.
11.9.8 Definitions. "Member State", "third country" and "third territories" as defined in Article 5 of Council Directive 2006/12/EEC. "Products" means those goods offered for sale via the Merchant's website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. "Product Prices" means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and "Product Price" means the price of an individual Product. "Qualifying Customer Order" meets all of the following conditions: (a) It is an order for Product or Products placed via the Merchant's website which are to be transported from: (i) a third country or territory, excluding Northern Ireland ("NI"), to an address in a Member State of the EU (e.g., USA to France); (ii) a third country or territory, excluding the UK, or from a Member State of the EU to an address in Great Britain (e.g., Germany to England); or (iii) a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and (b) In relation to the transport of a Product or Products to an address: (i) in Great Britain or NI, the total intrinsic value of the Product or Products comprising that order does not exceed £135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed £135 (one hundred and thirty five) British Pounds Sterling; and (ii) in a Member State of the EU, the total intrinsic value of the Product or Products comprising that order does not exceed €150 (one hundred and fifty) Euros, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed €150 (one hundred and fifty) Euros.